Bank of America / Harris & Zide's $21k+ Lawsuit Dismissed At Trial

After showing up for trial at Santa Clara County Court in San Jose with no witnesses and failing to get a continuance, Bank of America's lawsuit against my client seeking in excess of $21k on an alleged credit card debt was dismissed. Bank of America (represented by Flint Zide from their debt collection law firm Harris & Zide) had served a CCP 98 Declaration in Lieu of Live Testimony. My firm in response served Notice to Appear at Trial for the declarant, meaning the declaration and documents would not be admitted unless that witness appeared at trial for cross-examination.

Harris & Zide sought a continuance based on "inability to get a Bank of America witness to appear at trial" and, after hearing argument from both sides, the judge rejected the request for a continuance, resulting in a dismissal of the case.